ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Fraudulent real estate documents (Public Act 98-99), Income withholding notice (Public Act 99-81) and Complete rewrite of the Illinois Marriage and Dissolution of Marriage Act (House Bill 1452). More information on each bill is available below the video.

Fraudulent real estate documents. Public Act 98-99 (Lang, D-Chicago; Silverstein, D-Chicago) allows a recorder of deeds to establish and use a “Fraud Referral and Review Process” for deeds and instruments that the recorder reasonably believes are fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. If the recorder reasonably believes the document is fraudulent, the recorder may refer the instrument to a county administrative law judge for review. If the ALJ finds by clear and convincing evidence that the document is fraudulent, the ALJ must issue a judgment to that effect with a notation that the fraudulent document may not affect the chain of title of the property in any way. Effective July 19, 2013.

Income withholding notice. Public Act 99-81 (McGuire, D-Joliet; Mell; D-Chicago) deletes the current requirement that these notices must contain the date that withholding for current support terminates. Effective July 15, 2013.

Complete rewrite of the Illinois Marriage and Dissolution of Marriage Act. House Bill 1452 (Kelly Burke, D-Evergreen Park) is a complete rewrite of the IMDMA. It may move in the fall veto session in October and November.